The Vacancy that Wasn't (Yet)
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The Supreme Court ended its session today, and William Rehnquist still reigns as Chief Justice. Nor has O'Connor or Stevens given any indication of retiring. My thoughts? The justices (even the conservative ones, except maybe Scalia) are fed up with the rhetoric coming out of Congress (and the right in general) threatening judicial impeachments. If there's anything that judges of all political stripes hold sacrosanct, it's their judicial independence.

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Everyone thought that Rehnquist had waited out the Clinton administration so that a Republican president could appoint his successor. Now it appears as though he might try to wait out Bush, as well. I honestly believe that the justices would rather a consensus nominee over an idealouge (of either side) who would further politicize the court.
Senate Minority Leader Harry Reid confirmed this somewhat today. He said that the justices told him last week that "they thought what would be a good idea is to start calling people from outside the judicial system." The upshot? Reid named four senate Republicans he thinks "would be outstanding Supreme Court members."

Senate Democrats have been practically begging President Bush to consult with them before naming a nominee. The only response they have gotten is a stony and aloof silence. Yet Senate Majority Leader Bill Frist has the chutzpa to say that the White House is "reaching out for suggestions." Apparently he was referring specifically to his audience at the time --the Heritage Foundation.

Democrats have shown a good faith effort to forge a compromise on an impending nomination. Let's only hope the Republicans come to their senses and do the same. If not? Maybe Rehnquist and the rest can last until 2009 after all.

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